The legality of evidence gathered from telematics devices has been called into question following a burglary in Gloucestershire.
The lawyer of alleged burglar Simon Cross, 31, from Stroud, believes that the legality of evidence gathered from the tracking device in Mr Cross’s car is not admissable. The tracker was installed by Cross’s motor insurance company and evidence from the device is key in the two burglary charges against him.
Reported on in The Stroud News and Journal
, Cross’s lawyer, George Threlfall reportedly told the court that he did not believe the prosecution had the right to use the evidence.
“We believe that material from this tracker device is excluded from being used by law enforcement agencies,” he is reported to have said.
“It was a stipulation of his insurers that he had this tracker in the car as he was a first time insurance applicant. Such devices are not expensive.
“But there is a contract between the insurance company and the person who allows the tracker device to be attached to his vehicle. We have not yet seen that.
“However, the issue is that we say the Crown just does not have admissible evidence.”
Meanwhile, prosecutor Mark Hollier stated that Cross already faced two additional charges – one for a burglary and one for a theft of perfume from a Boots store.
The judge for the case, Michael Cullum, has decided to allow the prosecution and defence more time to prepare their cases with the trial adjourned to July 29.
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